The Court of Appeals has confirmed the process that the Home Office must follow when a person applies for a visa on medical grounds:
1. The first stage of the process requires the applicant to provide strong evidence of the seriousness of the illness, including the treatment involved and the consequences of witholding treatment.
2. At the same time the applicant must provide sufficient evidence to cast doubt on the availability or accessibility of the treatment in his or her home country.
3. The Home Office must assess the strength of the evidence provided.
4. If the Home Office considers that the evidence of illness is strong and that the applicant has provided evidence to support the position that there are reasonable grounds to doubt the availability of treatment in the home country, then the Home Office should obtain its own relevant country information before making its decision.
In short, if a person wants to apply for a visa for medical reasons they must provide evidence of their illness, treatment, the consequences of witholding the treatment and also that the person would not otherwise receive that treatment in their home country.